ACA enforcement — directly and 1557

Proposed 1557 regulation revision, including lawsuits filed June 22 and 26

Actions using ACA or related statutes

Litigation versus the Federal Government’s former 1557 regulation

Medical rationing, including the Washington State Office of Civil Rights complaint

 

PROPOSED 1557 REGULATIONS REVISION, MAY 2019

HHS, Nondiscrimination in Health and Health Education Programs or Activities

Non-Federal-Register version, released May 24, 2019

1557-nprm-hhs

HHS fact sheet, May 24, 2019

factsheet-section-1557

Federal Register version, 84 Fed. Reg. 27846 (June 14, 2019)

2019-11512

HHS, Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority

Non-Federal-Register version, released June 12, 2020

1557-final-rule

Fact sheet, June 12, 2020

1557-final-rule-factsheet

Federal Register version, 85 Fed.Reg. 37160 (June 19, 2020)

2020-11758

 

1557 SUIT, FILED JUNE 22 (D.C.)

Whitman-Walker Clinic v. U.S. D.H.H.S., No. 1:20-cv-1630 (D. D.C., filed June 22, 2020)

Complaint, with two exhibits

6611972-0–11462

6611972-1–13699

6611972-2–13033

Motion for preliminary injunction, including exhibits, July 9, 2020

merged_28130_-1-1594335490

[Just the memo]

whitman_us_20200709_motion-preliminary-injunction

07/10/2020 MINUTE ORDER: As discussed in todays telephonic hearing, the Court ORDERS that: 1) Defendants PI Opposition shall be due by July 24, 2020, with Plaintiffs Reply due by July 29, 2020; and 2) The parties shall appear for a hearing on the PI Motion on August 3, 2020 at 2:00 PM Eastern. So ORDERED by Judge James E. Boasberg on 07/10/2020. (lcjeb2) (Entered: 07/10/2020)

De Facto Attorneys General amicus, July 14, 2020

merged_68618_-1-1594817986

AARP amicus (first version), July 15, 2020

merged_51336_-1-1594904562

07/15/2020 MINUTE ORDER: The Court ORDERS that Amici’s 32 Motion is GRANTED. As their proposed attached brief [32-1] violates the Local Rules’ prohibition on excessive footnotes, however, it will not be deemed filed. Amici may file a brief with no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 07/15/2020. (lcjeb2) (Entered: 07/15/2020)
Second version

6648852-0–911

House of Representatives amicus, July 15, 2020

merged_12409_-1-1594904764

AARP errata, July 20, 2020

6655250-0–26622

US opposition to motion for preliminary injunction, July 24, 2020

merged_70613_-1-1595696858

Plaintiffs’ reply supporting preliminary injunction, July 29, 2020

6671215-0–24913

Exhibits [2 links do not yet work]

Declaration of Omar Gonzalez-Pagan

6671215-1–32039

Exhibit 1 – Defendants’ Motion to Remand or Stay (Franciscan Alliance)

6671215-2–32463

Exhibit 2 – Plaintiffs’ Motion for Summary Judgment (Franciscan Alliance)

6671215-3–32558

Exhibit 3 – Defendants’ Motion to Modify Final Judgment (Franciscan Alliance)

6671215-4–32621

Exhibit 4 – Court Order dated Nov. 21, 2019 (Franciscan Alliance)

6671215-5–479

Exhibit 5 – Lambda Legal Defense and Education Fund’s Comments on Proposed Rule

6671215-6–2785

# 7 Exhibit 6 – GLMA’s Comments on Proposed Rule

[problem with document]

Exhibit 7 – American Psychiatric Association’s Comments on Proposed Rule

6671215-8–3305

Exhibit 8 – American College of Obstetricians and Gynecologists’ Comments on Proposed Rule

6671215-9–3807

Exhibit 9 – State Insurance Commissioners of California et al. Comments on Proposed Rule

6671215-10–3992

Exhibit 10 – Cities of New York et al. Comments on Proposed Rule

6671215-11–6028

# 12 Exhibit 11 – National Center for Transgender Equality’s Comments on Proposed Rule

[problem with document]

Exhibit 12 – The California Endowment’s Comments on Proposed Rule

6671215-13–6614

Exhibit 13 – American Psychological Association’s Response to Request for Information

6671215-14–6792

Exhibit 14 – 9/1/17 Letter from James L. Madara, MD to Roger Severino

6671215-15–7112

Exhibit 15 – New York Legal Assistance Group’s Comments on Proposed Rule)

6671215-16–7197

08/03/2020 Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 8/3/2020 re 29 MOTION for Preliminary Injunction or, in the Alternative MOTION to Stay Pending Judicial Review Pursuant to 5 U.S.C. 705 filed by BRADBURY-SULLIVAN LGBT COMMUNITY CENTER, WARD CARPENTER, RANDY PUMPHREY, AGLP: THE ASSOCIATION OF LGBTQ PSYCHIATRISTS, ROBERT BOLAN, TRANSLATIN@ COALITION, AMERICAN ASSOCIATION OF PHYSICIANS FOR HUMAN RIGHTS, INC., SARAH HENN, WHITMAN-WALKER CLINIC, INC., LOS ANGELES LGBT CENTER. Oral arguments heard. Government Response due by 8/10/2020. (Court Reporter Lisa Griffith) (znbn) (Entered: 08/03/2020)

Plaintiffs’ clarification re statement at oral argument, August 6, 2020

6685738-0–6483

Revised clarification, August 7, 2020

6687745-0–25870

US sur-reply, August 10, 2020

6690801-0–29035

Plaintiffs’ notice re developments in Franciscan Alliance, August 12, 2020

6694769-0–15560

Plaintiffs’ notice of additional authority (EDNY), August 17, 2020

merged_26733_-1-1597742115

US motion for extension of time to answer, August 21, 2020

merged_18301_-1-1598139413

08/24/2020 MINUTE ORDER: If Plaintiffs oppose Defendants’ 51 Motion for Extension, the Court ORDERS that they shall file such opposition by August 26, 2020. So ORDERED by Judge James E. Boasberg on 08/24/2020. (lcjeb2) (Entered: 08/24/2020)

Response to motion for extension of time to answer, August 25, 2020

6711477-0–21728

Defendants’ notice of additional authority (Washington), August 31, 2020

merged_90897_-1-1598965517

Opinion partly granting and partly denying injunctive relief, September 2, 2020

6725227-0–26785

Order, September 2, 2020

6725206-0–27037

US motion/memo to dismiss, September 29, 2020

merged_83897_-1-1601490300

Plaintiffs’ motion to compel production of administrative record, October 6, 2020

merged_48724_-1-1602079451

10/07/2020 MINUTE ORDER: The Court ORDERS that Plaintiffs need not respond to Defendants’ 57 Motion to Dismiss until the Court resolves Plaintiffs’ 58 Motion to Compel. So ORDERED by Judge James E. Boasberg on 10/07/2020. (lcjeb2) (Entered: 10/07/2020)

 

1557 SUIT, FILED JULY 9 (Massachusetts)

Boston Alliance of Gay, Lesbian, Bisexual, and Transgender Youth v. U.S. D.H.H.S., No. 1:20-cv-11297 (D. Mass., filed July 9, 2020)

BAGLY complaint

Amended complaint, September 18, 2020

BAGLY amended complaint

US motion to dismiss, memorandum, October 14, 2020

US mo dism

US ms dism

 

1557 SUIT, FILED JUNE 26 (Eastern New York)

Asapansa-Johnson Walker v. Azar, No. 1:20-cv-2834 (E.D. N.Y., filed June 26, 2020)

Complaint, with three exhibits

Johnson-Walker complaint

Johnson-Walker complaint Ex A

Johnson-Walker complaint Ex B

Johnson-Walker Complaint Ex C

From the ECF site, 7/3:

Asapansa-Johnson Walker et al v. Azar II et al. This case is under seal.

[But no it isn’t]

Plaintiffs’ letter requesting expediting briefing schedule, July 8, 2020

AJW request for expedited briefing schedule

07/08/2020 ELECTRONIC ORDER: Plaintiff’s letter application 7 to serve and file a motion seeking a preliminary injunction with an expedited briefing schedule is GRANTED. The parties briefs may exceed the courts page limit requirement. The motion should be filed upon submission and the Court will schedule oral argument date, if it deems necessary. Ordered by Judge Frederic Block on 7/8/2020. (Innelli, Michael) (Entered: 07/08/2020)

Preliminary injunction motion, July 14, 2020

A-J W expedited PI motion

Scheduling order, July 16, 2020

A-J W pi sched order

House letter re intent to file amicus, July 21, 2020

House notice of intent to file amicus

House amicus, July 22, 2020

House amicus

US opposition to preliminary injunction, July 31, 2020

US pi op

Reply supporting preliminary injunction, August 7, 2020

123116868530

08/12/2020 Minute Entry for proceedings held before Judge Frederic Block: Michael Sabella, Esq. and Joshua Rovenger, Esq, Esq. for the plaintiff and Jordan Von Boken, Esq for the defendants, all present. Oral argument held on 8/12/2020. The plaintiffs motion 8 for a TRO and preliminary injunction was discussed. The Court reserves decision. (Court Reporter Linda Danelczyk 718 613 2330) (Innelli, Michael) (Entered: 08/12/2020)

Preliminary injunction order, August 17, 2020

AJW PI

US request for extension of time to answer, August 28, 2020

US rq xt answer

08/28/2020 ELECTRONIC ORDER: The defendant’s letter application 25 for an extension of time to serve and file an answer is DENIED without prejudice to re-file their application addressed to MJ Gold who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 8/28/2020. (Innelli, Michael) (Entered: 08/28/2020

US request for extension of time to answer (directed to Magistrate Gold), August 28, 2020

US rq xt answer magistrate

Plaintiffs’ letter requesting clarification of scope of preliminary injunction, August 28, 2020

Pltf rq clarif scope PI

09/08/2020 ELECTRONIC ORDER: On August 17, 2020, the Court stayed the 2020 repeal of the 2016 definition of discrimination on the basis of sex. As a result, the definitions of on the basis of sex, gender identity, and sex stereotyping currently set forth in 45 C.F.R. § 92.4 will remain in effect. Walker v. Azar, 2020 WL 4749859, at *10 (E.D.N.Y. Aug. 17, 2020). The plaintiffs now ask the Court to clarify 27 whether it intended to stay the 2020 Rule in its entirety. The scope of the Courts ruling speaks for itself. However, the rationale for the ruling was that the 2020 Rule was promulgated without taking into account the Supreme Courts decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), which created a likelihood that the plaintiff would prevail on their claims that the rule was contrary to law and arbitrary and capricious. The Court focused on the impact of the decision on the repeal of the 2016 definition because that was the parties focus; the need for such focus is understandable given the tight timeframe involved and the particularly byzantine nature of the 2020 Rule.It appears that Bostocks interpretation of sex discrimination may have an impact on other aspects of the 2020 Rule. Therefore, the plaintiffs shall, within 7 days of this order, submit a list of the provisions of the 2020 Rule they think should be stayed in light of Bostock. The list should consist of citations to the Code of Federal Regulations (either provisions of the 2020 Rule or provisions of the 2016 Rule to be repealed), not citations to summaries of the proposed regulatory changes in the rules preamble. The defendant shall file a response to the plaintiffs list within 7 days after filing. Ordered by Judge Frederic Block on 9/8/2020. (Innelli, Michael) (Entered: 09/08/2020)

Plaintiffs’ response to Court’s 9/8 order, September 15, 2020

pltf list

US letter opposition to plaintiffs’ request for full injunction, September 22, 2020

US letter op to full injunction

US notice of appeal, October 16, 2020

US notice of appeal

 

1557 SUIT, FILED JULY 20 (Southern New York)

State of New York v. U.S. D.H.H.S., No. 1:20-cv-5583 (S.D. N.Y., filed July 20, 2020)

Complaint

file0.122871054374752

Plaintiffs’ letter re developments in D.C. case, August 12, 2020

pltf letter re DC case

Plaintiffs’ motion for summary judgment, memo, statement of undisputed material facts, September 10, 2020

file0.087186377766681

file0.695489027808559

file0.574858815680397

[109 declarations]

NHeLP amicus, with comments cited, September 17, 2020

file0.607308388027501

Comments cited 1-73

24619455-1–64233

Comments cited 74-91

24619455-2–64487

Comments cited 92-202

24619455-3–64941

Comments cited 203-379

24619455-4–65150

Comments cited 380-550

24619455-5–359

Comments cited 551-796

24619455-6–701

Comments cited 797-994

24619455-7–1350

Exemptions Language Comparison Chart

24619455-8–2941

Local Governments amicus, September 17, 2020

file0.0265119541819665

Scholars of the LGBT Population amicus, September 17, 2020

file0.644977200581831

Institute for Policy Integrity amicus, September 17, 2020

file0.329990625186962

US motion to stay summary judgment briefing, memo in support, proposed order, September 18, 2020

file0.754041771442768

file0.733304564180923

file0.43538754157829-1

Plaintiffs’ notice of intent to oppose US motions, September 21, 2020

24628904-0–49890

Order dismissing summary judgment motion w/o prejudice, setting schedule, September 22, 2020

24642590-0–29052

Response re extension of time, October 15, 2020

merged_81121_-1-1602854186

Order extending time to produce record, October 15, 2020

24769448-0–34702

 

1557 SUIT, FILED JULY 16 (Western Washington)

State of Washington v. U.S. D.H.H.S., No. 2:20-cv-1105 (W.D. Wash., filed July 16, 2020)

Complaint

WAvT complaint

Motion for preliminary injunction, July 16, 2020

WAvT PI mo

Exhibits

Declaration index

PI ex index

Booher

Booher dec

Iseminger

Iseminger dec

Knox

Knox dec

Krehbiel

Krehbiel dec

Kreidler

Kreidler dec

Maroon

Maroon dec

McGill

McGill dec

Moss

Moss dec

Mounts

Mounts dec

Oline

Oline dec

Reed

Reed dec

Roberts

Roberts dec

Shulman

Shulman dec

Todorovich

Todorovich dec

Unruh

Unruh dec

Wylie

Wylie dec

Zeitlin

zeitlin dec

Notice re filing notice of pendency of other action, July 21, 2020

Notice re filing notice of pendency of other action

Notice re pendency of other actions, July 21, 2020

WAvT notice re other actions

Northwest Health Law Advocates amicus, July 29, 2020

WAvT NWHLA amicus

US House amicus, August 3, 2020

US House amicus

Local Governments amicus, August 7, 2020

19719230986

US opposition to preliminary injunction, August 10, 2020

US op to PI 8 10 20

NHeLP amicus, August 10, 2020

NHeLP amicus

Washington reply supporting preliminary injunction, August 13, 2020

WAvT PI reply

Order for supplemental briefing, August 14, 2020

WAvT supplemental briefing order

Plaintiffs’ supplemental brief, August 17, 2020

WA supp br 8 17

US’s supplemental brief, August 17, 2020

US supp br 8 17

US notice of decision in Eastern New York case, August 18, 2020

19719244860

Order for supplemental briefing on Eastern New York case, August 18, 2020

WAvT order supp br ny

Plaintiffs’ supplemental brief on Eastern New York decision, August 26, 2020

Pltf supp EDNY

US supplemental brief on Eastern New York decision, August 26, 2020

Def supp br EDNY

Order denying preliminary injunction — lack of standing, August 28, 2020

order denying PI lack of standing

Notice of voluntary dismissal without prejudice, September 8, 2020

Notice of voluntary dismissal w o p

09/09/2020 ***Civil Case Terminated re 73 Notice of Voluntary Dismissal without prejudice. (LH) (Entered: 09/09/2020)

 

Private right of action discussion

1557 regs private right of action discussion

Cases mentioned in the private right of action discussion (cases with some pleadings set out below highlighted)

Alexander v. Sandoval, 532 U.S. 275, 282-83 (2001)

Barnes v. Gorman, 536 U.S. 181, 187 (2002)

Briscoe v. Health Care Serv. Corp., 281 F. Supp. 3d 725, 738 (N.D. Ill. 2017)

Condry v. UnitedHealth Group, No. 17-cf-00183-VC (N.D. Calif. 2018) (“disparate impact claims on the basis of sex are not cognizable under section 1557”)

Crocker v. Runyon, 207 F.3d 314, 321 (6th Cir. 2000)

Doe v. Bluecross Blueshield, No. 2:17-cv-02793-TLP-cgc, 2018 WL 3625012 (W.D. Tenn. 2018)

Hollenbeck v. U.S. Olympic Comm. 513 F.3d 1191, 1197 (10th Cir. 2008)

Southeastern Pennsylvania Transp. Authority v. Gilead, 102 F. Supp. 3d 688, 698-701 (E.D. Pa. 2015) (holding that Section 1557, incorporating Title VI, does not permit a private right of action for a disparate impact claim on the basis of race)

Valencia v. City of Springfield, Ill., 883 F.3d 959, 967 (7th Cir. 2018)

Weinreb v. Xerox Business Services, 323 F.Supp. 3d 501, 521 (S.D.N.Y. 2018)

York v. Wellmark, Inc., No. 4:16-cv-00627-RGE-CFB, at *15-16 (S.D. Iowa Sep. 6, 2017)

 

 

2015 proposed regulations, 80 Fed.Reg. 54172 (Sept. 8, 2015)

2015-22043-1

2016 final regulations, including preamble, 81 Fed.Reg. (May 18, 2016)

2016-11458

 

ACTIONS, CONTRACT OR OTHERWISE, USING ACA OR RELATED STATUTES

Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)

Boyden v. Conlin, No. 3:17-cv-264 (W.D. Wis.)

Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)

Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)

Doe v. BlueCross BlueShield of Tennessee, No. 18-5897 (6th Cir.)

Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho), Ninth Circuit 19-35017

Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)

E.S. v. Regence BlueShield, No. 2:17-cv-1609 (W.D. Wash.), Ninth Circuit 18-35892

Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.), Seventh Circuit 18-2861

Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)

Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)

D.H. v. Snyder, No. 4:20-cv-335 (D. Ariz.)

Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)

Morris v. California Physicians’ Service, No. 17-55878 (9th Cir.)

Prescott v. Rady Children’s Hospital, No. 3:16-cv-2408 (S.D. Cal.)

Rumble v. Fairview Health Services, No. 0:14-cv-2037 (D. Minn.)

Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.), Ninth Circuit 18-35846

Tovar v. Essentia Health, No. 0:16-cv-100 (D. Minn.)

 

Audia v. Briar Place, Ltd., No. 1:17-cv-6618 (N.D. Ill.)
Complaint, September 13, 2017

Amended complaint, November 13, 2017

Motion to dismiss, December 28, 2017

 

Opposition to motion to dismiss, January 30, 2018

Reply supporting motion to dismiss, February 23, 2018

18669125-0–5867

E.S. motion to dismiss reply

Order denying motion to dismiss, April 24, 2018

Answer to amended complaint, May 8, 2018

 

Motion for second amended complaint/proposed amended complaint, October 31, 2018

merged_86872_-1-1541079852

Notice re not filing second amendment complaint, settlement conference, November 1, 2018

19715900-0–19256

Minute entry re February settlement conference, December 4, 2018

19835137-0–31570

Stipulation for dismissal pursuant to settlement, May 9, 2019

20471951-0–3769

 

Boyden v. Conlin, No. 3:17-cv-254 (W.D. Wis.)

Opinion and Order on summary judgment, September 18, 2018

4756559-0–30406

Plaintiffs’ argument against allowing defendants to argue that a private health plan would have turned their procedures down, October 5, 2018

4765613-0–11889

Defendants’ argument for arguing that a private health plan would have turned plaintiffs’ procedure down, October 5, 2018

4765629-0–12500

Order re causation, October 8, 2018

4765907-0–16556

Judgment after jury trial, October 11, 2018

4768124-0–15551

Notice of appeal, November 9, 2018

merged_31816_-1-1541958733

Seventh Circuit # 18-3408

Cross-appeal, November 21, 2018

show_temp.pl 10

Defendant-appellants’ statement of issues, November 23, 2018

show_temp.pl 11

Seventh Circuit cross appeal # 18-3485

Mayer affidavit (redacted), December 6, 2018

merged_55711_-1-1544311049

Appellate scheduling order, March 19, 2019

7C Boyden scheduling order

Stipulation for dismissal, March 25, 2019

7C Boyden stip for dismissal

 

Briscoe v. Health Care Service Corp., No. 1:16-cv-10294 (N.D. Ill.)

Order on motion to dismiss, December 4, 2017

 

Memo supporting class certification, August 23, 2019

20905228-0–21128

[Declarations, other supporting paperwork]

Blue Cross oppositions, September 27, 2019

21041901-0–12359

[Other supporting paperwork]

Defendants’ supplement to class cert opposition (Condry), December 30, 2019

21395565-0–18040

Plaintiffs’ response to Condry materials, January 3, 2020

21406219-0–14983

Defendants’ reply regarding Condry, January 7, 2020

21419280-0–19734

Order denying class certification without prejudice, January 21, 2020

21473223-0–13597

Plaintiffs’ memo supporting class certification, February 14, 2020

21590102-0–2579

[Many exhibits]

Plaintiffs’ motion for reconsideration of ruling re experts, February 14, 2020

21590171-0–3260

[Exhibits]

Insurer’s opposition to renewed class certification motion (redacted), March 10, 2020

21691297-0–575

Plaintiffs’ reply supporting renewed class cert motion (redacted), March 17, 2020

21756338-0–4938

Defendant’s sur-reply, March 26, 2020

merged_24444_-1-1585315828

Plaintiffs’ reply supporting reconsideration, March 31, 2020

21817078-0–25872

Plaintiffs’ response to sur-reply, March 31, 2020

21814687-0–21973

Order denying reconsideration, June 9, 2020

22128547-0–23036

Defendants’ additional authority (Amy A.), June 11, 2020

merged_4791_-1-1591968445

Plaintiffs’ response to additional authority (Amy A.), June 15, 2020

22144075-0–27901

Defendants’ additional authority (York 8C), July 13, 2020

merged_61145_-1-1594732947

Plaintiffs’ response to additional authority (York Wellpath), July 15, 2020

22298953-0–24105

Order denying renewed motion for class certification, September 24, 2020

22577120-0–20735

Status report, October 7, 2020

22633617-0–13717

Scheduling order, October 14, 2020

22656383-0–10859

 

Condry v. United Health Group, Inc., No. 1:17-cv-183 (N.D. Cal.)

Complaint, January 13, 2017

Amended Complaint, March 10, 2017

Motion to Dismiss, April 14, 2017

Opposition to Motion to Dismiss, May 8, 2017

Reply supporting motion to dismiss, May 22, 2017

Order, August 15, 2017

Second amended complaint, September 5, 2017

Defendants’ 1292(b) certification motion, September 14, 2017

Answer to second amended complaint, September 19, 2017

Plaintiffs’ 1292(b) opposition, September 28, 2017

Defendants’ 1292(b) reply, October 5, 2017

Order denying 1292(b) certification, November 7, 2017

Defendants’ summary judgment memo, November 20, 2017

Plaintiffs’ summary judgment opposition/cross motion, December 18, 2017

Defendants’ reply/response, January 5, 2018

Defendants’ motion to strike, January 5, 2018

Plaintiffs’ reply supporting cross-motion, January 19, 2018

Pre-argument order, April 25, 2018

Oral argument held, case taken under advisement, April 26, 2018

Summary judgment order, June 27, 2018

 

Motion for class certification, February 20, 2019

file0.481275192500231

Opposition to motion for class certification, March 21, 2019

file0.338499300918681

[Declarations]

Souza declaration

 

Savercool declaration

 

Thompson declaration

 

Dietz declaration

 

Klos declaration

 

Miller declaration

 

Seay declaration

 

Vasquez declaration

 

Cappiello declaration

 

Dos Santos declaration

 

Klos declaration

 

Lee declaration

 

Seay declaration

 

Daubert motion to exclude testimony from Morton, March 21, 2019

 

Daubert motion to exclude testimony from Labovitz, March 21, 2019

 

Daubert motion to exclude testimony from McGlone, March 21, 2019

 

Daubert motion to exclude testimony from Hanley, March 21, 2019

 

Daubert response McGlone, April 4, 2019

Daubert response McGlone merged_53684_-1-1554471369

Daubert response Morton, April 4, 2019

Daubert response Morton merged_63220_-1-1554471464

Daubert response Labovitz, April 4, 2019

Daubert response Labovitz merged_81379_-1-1554471515

Daubert response Hanley, April 4, 2019

Daubert response Hanley merged_57304_-1-1554471561

[Plaintiffs’ motion for expedited consideration of motions, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of D’Apuzzo, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of Dos Santos, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of Lee, April 5, 2019

 

[Plaintiffs’ motion to limit consideration of Miller, April 5, 2019

 

Reply supporting class certification, April 5, 2019

file0.466166978973103

[Donaldson-Smith declaration

 

Joint letter brief re discovery disputes, April 5, 2019

file0.155315822494355

[Declarations]

Donaldson-Smith declaration

 

Daubert reply re Labovitz, April 11, 2019

 

Daubert reply re Hanley, April 11, 2019

 

Daubert reply re Morton, April 11, 2019

 

Daubert reply re McGlone, April 11, 2019

 

Defendants’ opposition re Miller, with Souza declaration, April 17, 2019

file0.02248180475193

file0.422008117233542

[Defendants’ opposition re D’Apuzzo,

 

[Defendants’ opposition re Lee,

 

[Defendants’ opposition re Dos Santos,

 

[Plaintiffs’ reply re Miller, April 19, 2019

 

[Plaintiffs’ reply re Lee, April 19, 2019

 

[Plaintiffs’ reply re Dos Santos, April 19, 2019

 

Order denying class certification, May 23, 2019

file0.929380086288926

Harris motion to intervene, September 9, 2019

file0.511758017392037

Declaration with proposed third amended complaint, September 9, 2019

file0.36104262996572

Motion for class certification, with many declarations, September 9, 2019

file0.889343691562441

Defendants’ opposition to motion, September 23, 2019

file0.62402847878742

Reply supporting motion to intervene, with declaration and attachment, September 30, 2019

file0.479960435108421

file0.930155253308964

file0.118683316317526

Reply supporting class certification, October 18, 2019

merged_49904_-1-1571664934

Opposition to class certification, October 24, 2019

file0.878921388919604

[Declarations opposing class certification, October 24, 2019]

Reply supporting class certification, November 7, 2019

file0.999124364034412

Court’s pre class certification hearing order, November 20, 2019

file0.271691278127161

Order denying intervention, December 19, 2019

file0.50553365655038

Order granting/denying class certification, December 23, 2019

file0.261400170603576

Request for permission to appeal under Civil Rule 23(f), January 6, 2020

23 f petition 20-80005_Documents

Ninth Circuit # 20-80005/80006

Answer to petition, January 16, 2020

9C answer to 26 f petition

01/22/2020 269 Minute Entry for proceedings held before Judge Vince Chhabria: Further Case Management Conference held on 1/22/2020.

The parties’ request to stay this matter pending the ruling from the 9th Circuit on leave to appeal this Court’s ruling, and if leave is granted, continuing the stay thereafter while the appeal is pending, is granted.

The Court indicated there is no need to worry about the letter to the Class at this time.

The parties are to consider what makes the most sense in terms of a trial schedule for plaintiffs Carroll and Endicott and propose a trial schedule in the next joint CMS. (The Court tentatively proposed trial number one (which would be the jury trial) to start on 6/22/2020, and trial number two (which would be a bench trial) to start on 6/29/2020.)

Updated Joint Case Management Statement due by 2/5/2020.
Further Case Management Conference set for 2/12/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor.

Total Time in Court: 22 minutes.
Court Reporter: Hearing not reported or recorded.
Plaintiff Attorney: Kimberly Donaldson Smith and Kolin Tang.
Defendant Attorney: Rebecca Hanson.

(This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 1/22/2020) (Entered: 01/22/2020)

Ninth Circuit denial order, March 2, 2020

9C denial

Status report, August 27, 2020

file0.878363818434206

Stipulation and proposed order re some individual claims, September 4, 2020

file0.741961119734821

Order for case management conference 9/15, with questions about proposed order, September 11, 2020

file0.365411845074174

Stipulated final judgment, September 15, 2020

file0.888052867530984

United Health Group notice of appeal, September 18, 2020

file0.221445523939234

Ninth Circuit # 20-16823

Condry notice of appeal, September 23, 2020

file0.500554621257958

Ninth Circuit # 20-16857

 

Doe v. BlueCross BlueShield of Tennessee, No. 2:17-cv-02793-TLP-cgc, 2018 WL 3625012 (W.D. Tenn. 2018)

Memorandum Opinion and Order, July 30, 2018

Doe addl auth pltf

 

Doe v. BlueCross BlueShield of Tennessee, No. 18-5897 (6th Cir.)

Appellant’s opening brief, November 21, 2018

6C Doe appellant opening brief

Appellee’s brief, January 22, 2019

6C appellee brief

Reply brief, February 15, 2019

6C reply brief

Opinion, June 4, 2019

19a0115p-06

 

 

Edmo v. Idaho Dep’t of Correction, No. 1:17-cv-151 (D. Idaho)
Second amended complaint, September 1, 2017

Defendants’ motion for partial summary judgment/dismissal, November 1, 2017

Plaintiff’s opposition, November 22, 2017

Plaintiff’s notice of constitutional question, November 22, 2017

Defendants’ reply supporting dismissal, December 6, 2017

US request for extension re intervening, January 24, 2018

US statement declining to intervene, March 23, 2018

Order, June 7, 2018

Rule 35 order, July 26, 2018

Emergency motion for second Rule 35 order, August 8, 2018

8/09/2018 93 ORDER granting 89 Motion for Rule 35 Examination. The Court rejects plaintiff’s attempt to limit the examination. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)

Idaho preliminary injunction opposition, September 14, 2018

 

Corizon preliminary injunction opposition, September 14, 2018

Edmo Corizon PI op

Reply supporting preliminary injunction, September 28, 2018

Edmo PI reply

Edmo posthearing brief, October 26, 2018
Idaho posthearing brief, October 26, 2018
Corizon posthearing brief, October 26, 2018
Order for gender confirmation surgery, December 13, 2018
Notice of appeal (Idaho), January 9, 2019
Notice of appeal (Corizon), January 9, 2019
Motion for stay pending appeal, January 9, 2019
Defendants’ joint status report, January 15, 2019
Edmo opposition to motion for stay pending appeal, January 30, 2019
Edmo amended complaint, January 31, 2019
Reply supporting stay, February 13, 2019
Order denying stay, March 4, 2019
Ninth Circuit #s 19-35017, 35019
Ninth Circuit opening brief and addendum, March 6, 2019
Answer (Corizon), March 15, 2019
Answer (Idaho), March 15, 2019
Edmo defendants’ status report, March 19, 2019
Edmo plaintiff’s status report, March 19, 2019
Ninth Circuit stay order, March 20, 2019
Ninth Circuit Edmo emergency motion, March 22, 2019
Ninth Circuit emergency motion scheduling order, March 22, 2019
Ninth Circuit appellants’ opposition to emergency motion, March 25, 2019
Ninth Circuit Edmo emergency motion reply, March 26, 2019
Motion for indicative ruling about PLRA, March 28, 2019
9C Edmo emergency motion order, March 29, 2019
District court state opposition to motion for indicative order, April 3, 2019
Edmo state urgent motion to vacate district court order, April 3, 2019
Edmo answering brief, April 3, 2019
Edmo opposition to urgent motion, April 4, 2019

9C Edmo Edmo opposition

State reply supporting urgent motion, April 5, 2019

9C defendants reply supporting urgent motion

Order saying urgent motion will be considered in ordinary course, April 5, 2019

9C Edmo order on non urgency

Order declining to make indicative ruling as unnecessary, April 9, 2019
Amicus briefing
Edmo opposition to motion to vacate district court order, April 15, 2019
Edmo motion for judicial notice, April 26, 2019
Edmo opposition to judicial notice, May 6, 2019
Edmo order denying judicial notice as unnecessary, May 7, 2019
Edmo order re issue to discuss at oral argument, May 15, 2019
Edmo limited remand order, May 30, 2019
Order following limited remand, May 31, 2019
Defendants’ proposed additional exhibits, June 20, 2019
Edmo defendants’ appeal from May 31 order, June 28, 2019
Ninth Circuit 19-35552
Op to motion to supplement record, July 1, 2019
Order on motion to supplement record, July 9, 2019
Edmo Ninth Circuit opinion, August 23, 2019
Idaho petition for rehearing en banc, September 6, 2019
Order for response, September 9, 2019
Edmo motion partially to lift stay, September 26, 2019
Edmo response to petition for rehearing en banc, September 30, 2019
Defendants’ motion for stay, September 30, 2019
Appellants’ opposition to partially lifting stay, October 7, 2019
Order partially lifting stay, October 10, 2019
Edmo request for status conference, Oct. 11, 2019
Edmo opposition to stay, October 21, 2019
Edmo notice re pre-surgical requirements, October 22, 2019
Edmo pre-surgical treatment order, October 24, 2019
Defendants’ notice of appeal, motion for stay, motion to expedite motion for stay, October 31, 2019
Defendants’ status report, November 1, 2019
Reply supporting stay, November 4, 2019
Plaintiff’s opposition, November 5, 2019
11/06/2019 239 DOCKET ENTRY ORDER: In consideration of Defendants’ Expedited Motion to Stay 228 , and to provide the Court adequate time to carefully and fully consider the motion, the Court hereby vacates the November 8, 2019 deadline [see 225] for Defendants to provide Plaintiff the first hair removal treatment, to be reset by subsequent order.
Signed by Judge B. Lynn Winmill.
Order denying expedited motion for stay, November 8, 2019
Plaintiff’s motion for reconsideration of stay order, November 12, 2019
Defendants’ response to reconsideration motion, November 13, 2019
Order denying reconsideration, November 14, 2019
Edmo brief re presurgical treatment, November 20, 2019
Edmo order reinstating treatment order, November 21, 2019
Denial of rehearing en banc/dissent, February 10, 2020
Order denying stay as moot and scheduling, February 11, 2020
Order denying motion to stay mandate, February 19, 2020
Order following 2/20 telephonic status conference, February 21, 2020
Defendants’ motion to stay, March 2, 2020
03/05/2020 273 DOCKET ENTRY ORDER: In consideration of the Motion to Stay 272 , and to further the just, speedy, and inexpensive determination of this matter, the Court hereby expedites the response deadline. Plaintiff must file any response to the Motion to Stay on or before March 11, 2020.
Signed by Judge B. Lynn Winmill.
(ah)
Plaintiff’s opposition to stay, March 11, 2020
Defendants’ reply supporting stay, March 25, 2020
Stay order, with exceptions, April 17, 2020
Idaho cert petition, No. 19-1280, May 6, 2020
Idaho application for stay, May 6, 2020
May 13 2020 Response to application (19A1038) requested by Justice Kagan, due Monday, May 18, by 4 p.m. ET
Edmo response to application for stay, May 18, 2020
Idaho reply, May 21, 2020
Order denying stay, May 21, 2020
Edmo request for status conference to set surgery, May 26, 2020
Edmo ex parte request certificate of service, June 29, 2020
Idaho objection, June 29, 2020
06/30/2020 288 DOCKET ENTRY NOTICE OF HEARING: A Telephonic Status Conference is set for 7/1/2020 at 9:00 AM (Mountain Time) before Judge B. Lynn Winmill. The call in information is as follows: dial in number 1-877-336-1828 and access code 4685496. (jlb)
Corizon joinder in Idaho opposition, June 30, 2020
Edmo order for COVID-19 testing, July 1, 2020
Defendants’ notice of compliance with testing order, July 2, 2020
Jun 02 2020 Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2020.
Edmo cert opposition, August 10, 2020
Idaho reply supporting cert, August 24, 2020
Idaho suggestion of mootness, August 24, 2020
Edmo response to suggestion of mootness, September 3, 2020
Idaho reply supporting mootness, September 11, 2020
Oct 05 2020 DISTRIBUTED for Conference of 10/9/2020.
Cert denied, October 13, 2020

Esparza v. University Medical Center Management Corp., No. 2:17-cv- 4803 (E.D. La.)

Order denying motion to dismiss, Sept. 5, 2017

Amended Order and Reasons, Oct. 24, 2017

Accepted Offer of Judgment, Oct. 25, 2017

E.S. v. Regence BlueShield, No. 2:17-cv-1609 (W.D. Wash.)

Complaint, October 30, 2017

E.S. complaint

Motion to dismiss, January 19, 2018

E.S. motion to dismiss

Opposition to motion to dismiss, February 23, 2018

E.S. op to motion to dismiss

Reply supporting motion to dismiss, March 2, 2018

E.S. motion to dismiss reply

Order, September 25, 2018

ES v Regence BlueShield 1557 hearing aids dismissal

Notice of appeal, October 23, 2018

Ninth Circuit file #18-35892

Opening brief, January 23, 2019

9c e.s. opening brief

NHeLP amicus, January 29, 2019

9c nhelp amicus

DREDF amicus, January 30, 2019

9ce.s.dredfamicus

Appellees’ brief, March 25, 2019

9C appellee brief

Appellants’ reply brief, May 15, 2019

9C ES reply brief

Ninth Circuit orders accepting amicus briefs, September 27, 2019

9C order accepting amicus brief

9C order accepting DREDF amicus brief

Order for supplemental briefing, October 15, 2019

9C order for supp briefing Doe

E.S. supplemental brief, October 28, 2019

E.S. pltf supp br

Regence Blueshield supplemental brief, October 28, 2019

E.S. Regence Blueshield supp br

Memorandum opinion remanding in light of Schmitt, July 14, 2020

9C E.S. memorandum order

Order staying mandate pending Schmitt, August 4, 2020

9C delay mandate

Order lifting stay of mandate, August 27, 2020

9C order lifting stay of mandate

Order for amended complaint by 10/13/20, September 11, 2020

E.S. order for filing amended complaint

E.S. amended complaint, with 2 exhibits, October 13, 2020

E.S. amended complaint

 

Flack/Makenzie v. Wisconsin, No. 3:18-cv-309 (W.D. Wis.)

Complaint, April 30, 2018

PI memo, May 23, 2018

Proposed findings of fact, May 23, 2018

Answer, May 29, 2018

Defendants’ motion to change briefing schedule, May 31, 2018

Plaintiffs’ opposition, June 1, 2018

Order, June 5, 2018:

    • TEXT ONLY ORDER

The court held a telephonic conference this morning on defendants’ motion to amend the briefing schedule for plaintiffs’ preliminary injunction request (dkt. # 35 ), at which counsel for both sides appeared. For reasons explained during the hearing, including plaintiffs’ narrowing their requests for preliminary relief to the named plaintiffs based on their ACA § 1557 and equal protection claims, as well as the parties’ commitment to accommodating limited, reasonable discovery as to plaintiffs’ claims of immediate harm, that motion was GRANTED IN PART AND DENIED IN PART. Accordingly, the schedule is amended as follows: Defendants’ opposition is due July 12, 2018, and the preliminary injunction hearing will be on July 19 at 1:30 p.m. Signed by District Judge William M. Conley on 6/5/2018. (kwf) (Entered: 06/05/2018)

Plaintiffs’ request to file reply brief supporting preliminary injunction, June 14, 2018

Amended answer, June 19, 2018

Stipulation re findings of fact, July 6, 2018

Opposition to PI, July 12, 2018

Response to proposed findings of fact, July 12, 2018

Plaintiffs’ reply, with copy of Good v. Iowa DHS decision, July 16, 2018

Decision, July 25, 2018

Joint motion to amend deadlines, August 10, 2018

Supplemental opposition re scope of injunction, August 22, 2018

merged_28407_-1-1535030961

Notice of appeal, etc., August 24, 2018

merged_25237_-1-1535212717

Seventh Circuit # 18-2861

 

Plaintiffs’ response to supplemental opposition, August 29, 2018

 

Amended complaint with class action allegations, September 25, 2018

Flack Makenzie amended complaint

Answer to amended complaint, October 16, 2018

4770654-0–8212

Class certification motion, memo, supporting documents, October 18, 2018

Motion 4772130-0–20758

Memo 4772133-0–1370

Supplemental Flack declaration 4772139-0–20950

Second supplemental Makenzie declaration 4772144-0–21033

Kelly declaration 4772149-0–21192

Welp declaration and CV merged_58949_-1-1540422824

Sherwin declaration 4772167-0–21462

Hughto supplemental expert declaration (w/o exhibits) 4772172-0–21534-1

Vancil declaration 4772175-0–21831

Grunenwald-Ries declaration 4772178-0–21911

Vordermann declaration (with denial letters) merged_83112_-1-1540423247

Klar attorney declaration 4772187-0–22252

Wardenski attorney declaration 4772190-0–22316

Peterson attorney declaration 4772193-0–22391

Pledl attorney declaration 4772196-0–22435

Coursolle attorney declaration 4772199-0–22613

McKee attorney declaration 4772205-0–22721

Motion to modify preliminary injunction, October 25, 2018

Motion 4775875-0–14104

Memorandum 4775878-0–12131

Oriel declaration merged_44531_-1-1540560843

Proposed revised factual findings 4775884-0–15371

Defendants’ nonopposition to class certification, November 8, 2018

4783775-0–14026

Defendants’ supplemental declaration (Williams), November 19, 2018

merged_19191_-1-1542724442

Reply supporting injunction modification, December 10, 2018

merged_59293_-1-1544625509

Budge supplemental declaration, December 10, 2018

merged_72277_-1-1544625725

Schechter supplemental declaration, December 10, 2018

4797794-0–30926

Sutphin deposition transcript, filed December 11, 2018

4797939-0–32064

Supplemental Sherwin declaration, January 25, 2019

4819577-0–1206

merged_96816_-1-1548685364-1

Rescheduling motion, March 20, 2019

7C Flack Makenzie joint rescheduling mo

Seventh Circuit stipulated dismissal, March 21, 2019

7C Flack Makenzie notice of stipulated dismissal

Plaintiffs’ status report and request for status conference, April 5, 2019

4853354-0–30491

Opinion and order on class cert, preliminary injunction, April 23, 2019

4862401-0–11747

Plaintiffs’ summary judgment memo, April 23-24, 2019

4862423-0–30580

[Lots of supporting material]

Defendants’ motion for stay, with declaration, May 9, 2019

4870970-0–899

4870973-0–1884

Defendants’ motion for extension of time to respond to summary judgment, May 9, 2019

4870981-0–2266

Plaintiffs’ partial opposition to extension of time, May 9, 2019

4871099-0–2916

Plaintiffs’ opposition to stay, May 13, 2019

merged_58320_-1-1557839967-1

Order denying stay, May 17, 2019

4875521-0–12188

State defendants’ opposition, May 21, 2019

4877513-0–19821

State defendants’ responses to facts, May 21, 2019

4877519-0–20639

[Declarations]

Motion for leave to file second amended complaint, May 23, 2019

4878900-0–6396

Proposed second amended complaint, with redline version, May 23, 2019

4878900-1–8221

4878900-2–8529

Motion to strike Ostrander declaration, June 4, 2019

4884060-0–20083

4884066-0–21122-1

Reply supporting summary judgment, June 4, 2019

4884069-0–21580

4884072-0–22044

merged_61183_-1-1559741270

[Defendants’ response to motion to strike, with supporting documents, June 24, 2019

 

Amended complaint, June 27, 2019

show_temp.pl 14

Reply supporting motion to strike, July 3, 2019

4898685-0–4591

Answer to amended complaint, July 11, 2019

4901495-0–23780

Summary judgment order, August 16, 2019

4920644-0–8552

Proposed revised briefing schedule re equitable relief, August 28, 2019

show_temp.pl 18

State memos re scope of equitable relief, September 6, 2019

4930483-0–14407

4930500-0–14917

Plaintiffs’ notice, proposed order, and supporting brief re relief, September 10, 2019

4932433-0–5112

4932433-1–5592

4932436-0–6340

[declarations]

Plaintiffs’ opposition to State’s proposed equitable relief, September 20, 2019

show_temp.pl 23

State’s opposition to plaintiffs’ proposed relief, September 24, 2019, with declaration and exhibits

4940294-0–20867

merged_621_-1-1569409481

Plaintiffs’ amended proposed order (notice, proposed order, revisions to original), September 26, 2019

4941766-0–16103

4941766-1–16435

4941766-2–16715

Court’s proposed order, October 10, 2019

4948308-0–9208

Plaintiffs’ response to proposed order, October 17, 2019

4952357-0–25969

10/18/2019 244 ** TEXT ONLY ORDER **
At an October 18, 2019 telephonic conference, the parties jointly requested that the court not enter final judgment until the parties have filed their submissions on damages, costs and related items. The court granted that request. After discussing with the parties their differing views on how quickly this should be accomplished, the court set October 31, 2019 as the submission deadline. The parties had no other matters to bring to the court’s attention. Signed by Magistrate Judge Stephen L. Crocker on 10/18/2019. (kwf) (Entered: 10/18/2019)

Defendants’ response to proposed order, October 21, 2019

4953664-0–6560

Plaintiffs’ response to defendants’ response, October 21, 2019

4954072-0–6736

Partial dismissal due to partial settlement, October 30, 2019

4958464-0–815

Final order, October 31, 2019

4959118-0–7770

Final judgment, November 8, 2019

4962820-0–12516

 

Hartford Healthcare Corp. v. Anthem, No. 3:17-cv-1686 (D. Conn.)

Hartford Healthcare: Motion to dismiss amended complaint, October 23, 2017

Cases other than Mills cited in Hartford motion to dismiss
Association of NJ Chiropractors v. Horizon Healthcare Services, No. 3:16-cv-8400 (D. N.J.)
Opinion, June 13, 2017

In re Bradford, 534 B.R. 839 (2015)

Dominion Pathology Laboratories v. Anthem Health Plans of Virginia, No. 2:15-cv-152 (E.D. Va.)
Remand order, June 19, 2015

NY State Psychiatric Ass’n v. UnitedHealth Group, No. 1:13-cv-1599 (S.D. N.Y.)
Memorandum Order granting motion to dismiss, October 31, 2013

Second Circuit partial reversal and remand, No. 14-20 (August 20, 2015)

Dismissals, February 2, 2016

Hartford: Opposition to motion to dismiss amended complaint, October 31, 2017

Hartford: Decision, Nov. 1, 2017

 

 

Harvey v. Centene Corp., No. 2:18-cv-12 (E.D. Wash.)
Complaint, filed January 11, 2018

Joint status report and discovery plan, March 8, 2018

Centene-related consent order from Washington State, Dec. 15, 2017

Motion to dismiss (Centene), March 12, 2018

Motion to dismiss (Coordinated Care), March 12, 2018

[Dinkleman declaration]
Motion to dismiss (Superior), March 12, 2018

Op to motions to dismiss, April 30, 2018

Mo to dismiss replies, May 29, 2018

Harvey Co Ord Care mo dism reply

Order allowing filing of amended complaint, July 17, 2018

Harvey amended complaint, July 18, 2018

Motion to dismiss amended complaint, August 1, 2018

Stipulation for second amended complaint, August 29, 2018

Second amended complaint, August 29, 2018

Motion to dismiss second amended complaint, September 12, 2018

 

Harvey op to motion to dismiss, October 11, 2018

Harvey pltf op to mo dism

Reply supporting motion to dismiss, October 31, 2018

Harvey mo dism reply

Order on motion to dismiss, November 21, 2018

Harvey order on motion to dismiss second amended complaint

Harvey third amended complaint, November 28, 2018

Harvey third amended complaint

Answer to third amended complaint, December 12, 2018

Harvey answer third amended complaint

Joint status report and plan, January 17, 2019

harvey joint status report and plan

Motion to certify class, January 20, 2020

Harvey motion to certify class 1 20 20

Declaration supporting motion to certify, January 24, 2020

Declarations

[Redacted] opposition to class certification, February 19, 2020

redacted op class cert

Declarations opposing motion to certify, February 19, 2020

class cert op declarations

Reply supporting class certification, March 13, 2020

Reply supporting class cert

03/20/2020 112 ORDER RESETTING MOTION TO CERTIFY CLASS – 100 MOTION to Certify Class (Redacted Version), 91 Sealed Motion : Motion Hearing set for 4/14/2020 is STRICKEN and RESET to 5/12/2020 at 10:30 AM Spokane Courtroom 755. Signed by Judge Salvador Mendoza, Jr. (CLP, Case Administrator) (Entered: 03/20/2020)

Plaintiffs’ statement of issues to be tried, March 23, 2020

Harvey statement of issues

Defendants’ statement of issues to be tried, March 23, 2020

Defendants statement of issues

Order denying class certification, May 12, 2020

class cert denial

Plaintiffs’ notice of interlocutory appeal, May 26, 2020

Harvey notice of appeal

Ninth Circuit # 20-35468

Order questioning jurisdiction, show cause w/in 21 days, May 28, 2020

9C order questioning jurisdiction

Parties’ proposed schedule, June 1, 2020

Harvey parties proposed schedule

Voluntary dismissal of appeal, June 16, 2020

9C Harvey voluntary dismissal

Stipulation for dismissal of case, September 14, 2020

Harvey stip dism

Order dismissing case, September 15, 2020

Harvey dism order

 

D.H. (Hennessy-Waller) v. Snyder, No. 4:20-cv-335 (D. Ariz.)

Complaint, August 6, 2020

Complaint_Arizona

file0.935385325493794

[PI papers]

 

Motion to transfer case to Judge Marquez, August 11, 2020

merged_85629_-1-1597246981

 

Mills v. BlueCross BlueShield of TN, No. 3:15-cv-552 (E.D. Tenn.)

Memorandum Opinion and Order, January 9, 2017

Recon (BCBS),

Recon (plaintiff)

Stipulation for dismissal/settlement, April 12, 2017

Morris v. California Physicians’ Service, No. 17-55878 (9th Cir.)
Ninth Circuit opinion, March 18, 2019

Prescott v. Rady Children’s Hospital, No. 3:16-cv-2408 (S.D. Cal.)

Order on motion to dismiss, September 27, 2017

Amended complaint, October 12, 2017

Motion to dismiss state claims, October 26, 2017

Opposition to motion to dismiss state claims, November 22, 2017

Reply supporting motion to dismiss state claims, December 1, 2017

11356559-0–32186

Order dismissing some of the state claims, May 11, 2018

Answer to first amended complaint, May 25, 2018

 

Order denying rescheduling, April 22, 2019

13082337-0–14316

Notice of settlement in principle, June 28, 2019

13328483-0–13018

Order confirming settlement and setting deadlines, June 28, 2019

13329351-0–6399

Request to extend deadline to finalize settlement, July 26, 2019

13420967-0–13850

Order partially extending deadline, July 26, 2019

13422604-0–14269

Stipulation, August 30, 2019

13547840-0–7352

Dismissal order, September 4, 2019

13561857-0–6353

 

Rumble v. Fairview Health Services, No. 0:14-cv-2037 (D. Minn.)

Opinion denying motion to dismiss, March 16, 2015

rumble opinion

Stipulation for dismissal, June 28, 2017

rumble stip for dismissal

Dismissal order, June 28, 2017

rumble dismissal order

 

Schmitt v. Kaiser Foundation Health Plan of Washington, No. 2:17-cv-1611 (W.D. Wash.)
Kaiser motion to dismiss, January 5, 2018

Plaintiff’s opposition, February 2, 2018

Kaiser reply, February 9, 2018

Order allowing second amended complaint, February 27, 2018

Second amended complaint, February 28, 2018

Plaintiffs’ additional authority (Flack and Boyden), July 31, 2018

Defendants’ additional authority (Doe v. BC BS TN), July 31, 2018

Defendants’ additional authority (Wood), August 28, 2018

Defendants’ additional authority (Puerner), August 30, 2018

Plaintiffs’ additional authority (4 cases), August 30, 2018

Order dismissing case, September 14, 2018

schmitt dismissal order

Appeal filed, October 11, 2018  (No. 18-35846)

 

Schmitt opening brief, January 22, 2019

9c schmitt ob

Schmitt DREDF amicus, January 29, 2019

9c dredf amicus

Schmitt NHeLP amicus, January 29, 2019

9c nhelp amicus

Kaiser op to amicus filings, February 8, 2019

9C Schmitt Kaiser amicus op

Kaiser opposition brief, March 21, 2019

9C Schmitt appellee brief

Schmitt reply brief, May 13, 2019

9C Schmitt reply brief

Supplemental briefing order, October 15, 2019

9C order for Doe briefing

Schmitt supplemental brief, October 28, 2019

Schmitt pltf supp br

Kaiser supplemental brief, October 28, 2019

Schmitt Kaiser supp br

Schmitt opinion, July 14, 2020

18-35846

Kaiser petition for rehearing en banc, July 28, 2020

9C Kaiser pet rheb

Ninth Circuit order for response (21 days), July 31, 2020

9C Schmitt order for response

Association of California Health Insurance Plans amicus, August 7, 2020

Document 7

Plaintiffs’ opposition to petition for rehearing en banc, August 20, 2020

9C pltf rheb op

Order denying rehearing en banc, August 27, 2020

9C Schmitt order denying rheb

Order for joint scheduling report, September 9, 2020

Order for joint scheduling report

Scheduling order, September 24, 2020

Schmitt scheduling order

Third amended complaint, October 20, 2020

Schmitt third amended complaint

 

SEPTA v. Gilead Sciences, No. 2:14-cv-6978 (E.D. Pa.)

Memorandum, May 4, 2015

13376702-0–27068

 

Tovar v. Essentia Health, No. 0:16-cv-100 (D. Minn.)
Memorandum Opinion and Order, Sept. 20, 2018

Tovar order

HealthPartners Answer, Oct. 4, 2018

HealthPartners Answer

 

Essentia and Innovis Answer, October 11, 2018

Tovar answer 2

HealthPartners statement, Nov. 1, 2018

Tovar Healthpartners statement

Innovis statement, Nov. 1, 2018

Tovar Essentia statement

Olson statement, Nov. 1, 2018

Tovar Olson statement

Letter re settlement, June 5, 2019

Tovar settlement letter

Stipulation for dismissal and proposed order, July 24, 2019

Tovar stip for dismissal

Tovar proposed dismissal order

Tovar dismissal order, July 25, 2019

Tovar dismissalo

 

Valencia v. City of Springfield, No. 17-2773 (7th Cir., March 1, 2018)

Valencia 7C opinion

 

Weinreb v. Xerox Business Services, No. 1:16-cv-6823 (S.D. N.Y., Aug. 29, 2018)

file0.960818327536014

Motion to alter or amend judgment, Sept. 29, 2018

file0.730470276243192

Opposition, Oct. 25, 2018

file0.445834053252963

Reply, Nov. 15, 2018

file0.808632794805941

 

York v. Wellmark, Inc., No. 4:16-cv-627 (S.D. Iowa, Sept. 6, 2017)

2450728-0–16702

Order, Feb. 28, 2019

2744544-0–15764

Eighth Circuit # 19-1705

Appellants’ brief, June 11 and 17, 2019

8C York appellants ob

Appellees’ brief, July 16, 2019

8C Wellmark appellee brief

Appellants’ reply brief, August 7, 2019

8C York appellants rb

Eighth Circuit decision, July 13, 2020

8C York opinion

 

 

LITIGATION VERSUS THE FEDERAL GOVERNMENT’S 1557 REGULATIONS

Franciscan Alliance v. Burwell

North Dakota

 

Franciscan Alliance v. Burwell, No. 7:16-cv-108 (N.D. Tex.),

Complaint, August 23, 2016

Complaint 177110100373

Motion to intervene, September 16, 2016

Intervenors mo 177110158316

US opposition to motion to intervene, October 7, 2016

govt op to mo to intervene

Order re extension of time re mo to intervene, October 7, 2016

extension of time order re mo to intervene

First amended complaint, October 17, 2016

First Amended Complaint 177110227088

State plaintiffs’ motion for partial summary judgment or preliminary injunction, October 21, 2016

State Plaintiffs MSJ PI 177110241326

Private plaintiffs’ motion for partial summary judgment or preliminary injunction, October 21, 2016

Private Plaintiffs MSJ PI 177110241373

Scheduling order, November 1, 2016

Scheduling order 177110263968

US PI opposition, November 23, 2016

US PI op 177110321952

Putative intervenors’ PI opposition, November 23, 2016

Intervenors PI op 177110322191

State plaintiffs’ PI reply, December 2, 2016

State plaintiffs PI reply 177110338867

Private plaintiffs’ PI reply, December 2, 2016

Private Plaintiffs PI RB 177110339534

Order (December 31, 2016)

Franciscan Alliance PI order

Note: PI in Title IX case, No. 7:16-cv-54 (N.D. Tex., August 21, 2016), appeal, No. 16-11534 (5th Cir., dismissed by appellant U.S., March 2 and 3, 2017)

texas v. us Title IX PI order

Order denying 24(a) intervention and stay (January 24, 2017)

FA order denying ACLU 24 a motion

US motion for voluntary remand and stay (May 2, 2017)

US motion for voluntary remand and stay

Plaintiffs’ opposition to voluntary remand (May 4, 2017)

Franciscan Alliance voluntary remand op

US voluntary remand reply (May 18, 2017)

Franciscan Alliance voluntary remand reply

Scheduling order (June 13, 2017)

scheduling order for 6 26 17 hearing

Fifth Circuit action on putative intervenors’ appeal (June 30, 2017)

5C FA circuit order

Order re voluntary remand and stay (July 10, 2017)

Order re voluntary remand and stay

US status report (August 4, 2017)

Franciscan Alliance status report 8 4

Status report order (August 16, 2017)

FA status report order

Status report (December 15, 2017)

FA status report 12 15

Status report (February 13, 2018)

FA status report 2 13 18

Status report (April 16, 2018)

Franciscan Alliance 4 18 status report

Status report (June 25, 2018)

Franciscan Alliance 6 25 status report

Status report (August 14, 2018)

Franciscan Alliance 8 14 status report

Fifth Circuit appeal, 17-10135

Status report (October 15, 2018)

status report 10 15 2018

Plaintiffs’ motion for status conference (December 11, 2018)

Franciscan Alliance status conference request

Proposed intervenors’ request to participate (December 13, 2018)

proposed intervenors’ request to participate

Status conference set for 12/19

US status report (December 14, 2018), with Harris response mentioned in the report

Franciscan Alliance 12 14 18 status report

20181024152750333_18-107 RG GR Harris Funeral Homes

Parties’ joint motion for briefing schedule (December 17, 2018)

Joint motion for briefing schedule

Briefing schedule order (December 17, 2018)

FA briefing schedule order

ACLU renewed motion to intervene with proposed order; brief; appendix

ACLU renewed motion to intervene

ACLU brief supporting renewed motion to intervene

ACLU appendix re renewed motion to intervene

States’ motion for summary judgment, summary judgment memo, and appendix (February 4, 2019)

FA motion for summary judgment

FA summary judgment memo

FA summary judgment appendix

Franciscan Alliance motion for summary judgment, summary judgment memo, and appendix (February 4, 2019)

FA private motion SJ

FA private SJ memo

FA private SJ appendix

Plaintiffs’ opposition to renewed motion to intervene, including opposition to appendix (February 25, 2019)

FA plaintiffs op to renewed interv mo

FA plaintiffs’ op to affidavits

US nonopposition to motion to intervene (February 25, 2019)

US nonop renewed mo intervene

Intervenors’ reply, and opposition to striking declaration (March 11, 2019)

FA reply supporting interv

FA interv declaration strike op

Wisconsin motion to dismiss itself out of case, March 21, 2019

FA Wisconsin motion to dismiss itself

Unopposed version of Wisconsin motion, March 28, 2019

TKL Wisconsin mo to dism itself

Order dismissing Wisconsin, April 2, 2019

FA Wisconsin dismissal order

US motion for extension of time to respond to summary judgment motion, April 4, 2019

FA US xt mo

FA opposition, April 4, 2019

FA xt op

Scheduling order, April 4, 2019

FA xt scheduling order

US summary judgment response, April 5, 2019

US summary judgment response 4 5 19

Intervenors’ summary judgment response, and 56(d) declaration, April 5, 2019

FA interv SJ op

FA interv 56 d declaration

State plaintiffs’ SJ reply, May 3, 2019

state plaintiffs’ sj reply 5 3 19

Private plaintiffs’ SJ reply, May 3, 2019

private plaintiffs’ sj reply 5 3 19

US notice re rulemaking, May 31, 2019

FA US notice of proposed rulemaking

NPRM non fed reg version 5 24 19

Plaintiffs’ response re rulemaking, June 6, 2019

FA pltf response to rulemaking

Order directing US to reply to plaintiffs’ response, June 7, 2019

FA order directing reply

US reply, June 12, 2019

US reply 6 12 19

Order for briefing on putative intervenors’ standing, August 7, 2019

FA order for briefing on interv standing

Plaintiffs’ supplemental brief, August 12, 2019

pltfs supp brief 8 12 19

US supplemental brief, August 12, 2019

US supp brief 8 12 19

Proposed intervenors’ supplemental brief, August 14, 2019

proposed intervenors supplemental brief 8 14 19

Order for 9/16 hearing, September 10, 2019

Franciscan Alliance order for 9 16 hearing

Memorandum opinion and order, and final judgment, October 15, 2019

FA memorandum op and order 10 15 19

FA final judgment 10 15 19

Order staying other issues, October 15, 2019

FA stay other issues

US motion to modify final judgment, November 12, 2019

US motion to modify final judgment

Order for response by 11/20, November 13, 2019

Order directing response

States’ response to US motion to modify, November 20, 2019

State response to US motion to alter amend

Private plaintiffs’ response to US motion, November 20, 2019

FA response to US mo to alter amend

Order modifying judgment, November 21, 2019

Order modifying final judgment

Franciscan Alliance notice of appeal, January 21, 2020

Notice of appeal FA

Fifth Circuit # 20-10093

Private plaintiffs’ motion to reset attorney’s fees deadline, January 17, 2020

Private pltf mo to set deadline for fees ap

US opposition to resetting deadline for fees, February 7, 2020

US partial op to fees

Franciscan Alliance motion to extend opening brief deadline to 6/5, April 24, 2020

5C OB xt

Appellants’ request for stay, May 28, 2020

5C FA unopposed mo for stay

Stay order, June 2, 2020

file0.723612787240324

Bostock opinion, June 15, 2020

17-1618_hfci

Request to continue stay, July 2, 2020

5C 30 day stay rq

Stay order to August 5, July 6, 2020

5C stay to 8 5

Resumed briefing notice, August 11, 2020

5C FA resumed briefing notice

Franciscan Alliance appellant’s opening brief, September 21, 2020

5C FA opening brief

Appellees’ extension request, October 8, 2020

5C appellee level 1 xt rq

 

Complaint in The Religious Sisters of Mercy v. Burwell, No. 3:16-cv-386 (filed November 7, 2016) 1026880-0–2510

Complaint in Catholic Benefits Ass’n v. Burwell, No. 3:16-cv-432 (filed December 28, 2016) 1040482-0–2480

North Dakota v. Burwell, No. 3:16-cv-386 (D. N.D.), US motion for voluntary remand/stay, May 26, 2017 1091550-0–16594

Plaintiffs’ request for additional stay, May 30, 20171091698-0–30199

Plaintiffs’ response to US motion for voluntary remand, June 9, 20171095695-0–30256

US EEOC op to stay, June 13, 20171096702-0–30292

Plaintiffs’ reply in support of stay, June 20, 20171098624-0–30332

US notice of supplemental authority, July 12, 20171104175-0–3557

Stay but no remand order, August 24, 20171118387-0–4693

Status report, April 3, 2020

1407867-0–2706

04/06/2020 82 (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Pursuant to the court’s 56 Order, HHS and EEOC shall file status reports every ninety (90) days. The next status report is due by 07/06/2020. (AS) (Entered: 04/06/2020)

Status report, July 6, 2020

1434847-0–31319

Plaintiffs’ status report, August 5, 2020

1445302-0–21530

US status report, August 5, 2020

1445444-0–22466

US status report, October 5, 2020

1466467-0–13566

Catholic Benefits Ass’n status report, October 5, 2020

1466470-0–15107

North Dakota and others status report, October 5, 2020

1466473-0–15494

10/06/2020 91 (Text Only) STATUS REPORT ORDER by Magistrate Judge Alice R. Senechal. Plaintiffs’ request to submit a status report within sixty days and for permission to file a motion or other document during that time, apprising the court of their views on whether and how this case should proceed, is GRANTED. If plaintiffs file a motion or other document, defendants may file a response as permitted under the local rules. The parties shall file status reports by 12/4/2020. (AS) (Entered: 10/06/2020)

 

MEDICAL RATIONING, STARTING WITH THE WASHINGTON STATE CORONAVIRUS OCR COMPLAINT

Disability Rights Washington OCR complaint, March 23, 2020

OCR-Complaint_3-23-20-final

Alabama Disabilities Advocacy Program OCR complaint, March 24, 2020

AL-OCR-Complaint_3.24.20.docx

Disability Rights Tennessee OCR complaint, March 27, 2020

2020-03-27-TN-OCR-Complaint-re-Healthcare-Rationing-Guidelines

Disability Rights Center of Kansas OCR complaint, March 27, 2020

Kansas-OCR-complaint-3.27.20-final

HHS Office of Civil Rights bulletin, March 28, 2020

ocr-bulletin-3-28-20